Study On The Period Of Emperor Wu Of The Judge

Two resembles after the group steps into the Han Dynasty political area, judge of Chinese empire Corp breaks up conscientiously for the Confucian scholar right away since the culture official and the Confucian scholar type judge group and culture official type judge group. The author thinks that game inside the judiciary field, Emperor Wudi of Han dynasty period judiciary display the judgement taking Ming and Qing Dynasty judiciary. For instance, Professor Sun Xiaoxia thinks that mode of thinking of tradition Chinese judge is summarized for"substantiality thought"or"plebification thought"; but the author finds that by the type observing Emperor Wudi of Han dynasty period judge, viewing that this summarizes since one aspect has ignored newly established time interval of empire, type judge and their"essence thought"has been to view a marriage partner on the other hand only with the Confucian scholar, has led to but an important omission to culture official type judge and their"form(reason) thought".PartⅠpasses the main body of a book analysing"law family"and this two"punishment government officials"related to by Emperor Wudi of Han dynasty period concept, be tied in wedlock the Han Dynasty duty government official system disperse characteristic, the connotation reaching what the main body of a book uses the"judge"concept: The knowledge having and spreading a law, works out a law or participates in the working duty of judiciary government official. On here basis, the main body of a book will take Judge Dong Zhongshu, Gong Sunhong, Zhangtang, Zhao Yu, Du Zhou as viewing marriage partner mainly, will come to think the Emperor Wudi of Han dynasty period judge problem deeply.PartⅡanalyses the Emperor Wudi of Han dynasty period judge's empaneling. That Emperor Wudi of Han dynasty period judge empanels empaneling with other general civil official is the same process. The Imperial College of Emperor Wudi of Han dynasty period has provided the forceful guarantee to the effectuation examining act system, that the Imperial College examines an act for the country has trained reserve a bureaucrat, has used those bosom experiencing the reserve bureaucrat who takes exercise entering the central government in the local government. But, Confucian scholar the type judge and empaneling of culture official type judge there exist bigger difference in way. The former is that one kind"can be that standard synthesis appraises system, but the latter is stubborn with"culture"","morals", to"to be able to fetch person".PartⅢhas discussed judge's three kind Emperor Wudi of Han dynasty period position. Be that physiocracy, this are two kinds common judge position first. Reason factor decision tradition China takes cocklaird as the main body natural economy Chinesely"food and clothing parents", but empire's organization and technology have no way to get when breaking", the heavy agriculture"means namely to"restrain business". Secondly be clan ethics and country ethics change in antagonism, this is that differentiation happened in the Emperor Wudi of Han dynasty period in what judge gets along ethics position, the two kinds judges conflict in ethics concept. Because of, tradition Chinese society is clan ethics society,"the family is affecting judiciary form and judiciary way of tradition society as well as country an integral whole"dispatching the order pattern and rule by rites order to administer, is thinking that multivariant ethics concept urges ethics of two kinds judges position to follow that change also when significant changes happened in society ethics concept. Once again,"monarch doctrine"has the different characteristic in making political stand of two kinds judges embody out a surname, Confucian scholar the type judge is pursued relative monarch doctrine by the Confucian School effect, but that the culture official type judge is affected pursue absolute monarch doctrine, different monarch doctrine position by Legalist School is made mode of thinking of two kinds judges binary-rization having been completed mold.The main body of a book PartⅣjudge's thought is in progress to Emperor Wudi of Han dynasty period discuss that. That first, the Confucian School and Legalist School pass has made self thought become the empire's government ideological form, but has formed empire"outside Confucian inner law"legal institutions structure. Confucian learning the type judge is broad by the Confucian scholar apply to law field, culture official type judge marrow being embodying Legalist School thought sufficiently in law field. Secondly, thought of tradition Chinese judge is one kind of synthetical reason thought judging from population, can be that essence reason thought and the form to inspect with reason thought, the sort mark from speaking on the type, Confucian scholar thinking model of type judge is the former, but the latter is a representative thinking model of culture official type judge. This two kinds thinking models have embodied empire times judge thought binary, have been worthy for the present age judiciary construction to draw lessons.